You fill out California Form APP-006 by checking the boxes that tell the superior court clerk exactly which records and transcripts to send up to the Court of Appeal in your unlimited civil appeal. The form is the Appellant’s Notice Designating Record on Appeal (Unlimited Civil Case), and it must be filed within 10 days after you file the Notice of Appeal under California Rules of Court, Rule 8.121.
Roughly 20% of California civil appeals are dismissed for record or procedural defects, according to data tracked by the Judicial Council of California, and a botched APP-006 is one of the most common reasons. This guide walks through every box, every option, every deadline, and every consequence so your appeal does not die before a justice ever reads your brief.
- 📝 How to complete every line of Form APP-006 without triggering a clerk’s rejection.
- ⏰ The exact deadlines under Rule 8.121 and how to calculate them correctly.
- 💵 How deposit amounts and fee waivers work for the clerk’s transcript and reporter’s transcript.
- ⚖️ The strategic choice between a clerk’s transcript and an appendix.
- 🚫 The 7+ mistakes that get appeals dismissed and how to dodge each one.
What California Form APP-006 Actually Is
Form APP-006 is a Judicial Council form titled Appellant’s Notice Designating Record on Appeal (Unlimited Civil Case). It tells the superior court clerk which papers, exhibits, and transcripts to assemble and send to the Court of Appeal so the appellate justices can review what happened below. Without a properly designated record, the Court of Appeal cannot evaluate your claims of error, and your appeal will almost certainly fail under cases like Foust v. San Jose Construction Co. (2011) 198 Cal.App.4th 181.
The form applies only to unlimited civil cases, which under Code of Civil Procedure section 88 means cases where the amount in controversy exceeds $35,000 (raised from $25,000 by AB 2347 effective in 2024). Limited civil appeals use a different form, APP-103, and family or probate matters often layer extra rules on top. Filing APP-006 in the wrong case type is a common rookie error that triggers a clerk’s rejection notice and burns deadline days.
The form is grounded in Rule 8.121 of the California Rules of Court, which sets the 10-day filing window. The plain-English meaning is simple: once you file your Notice of Appeal, the clock starts immediately. The consequence of missing the window is that you waive your right to choose the format of the record, and the appeal proceeds on a default clerk’s transcript with whatever the clerk picks. A common misconception is that you get 60 days, the same window as the Notice of Appeal, but that longer window applies only to filing the appeal itself.
Who Files It and When
The appellant — the party who lost below and is appealing — files APP-006. If you are the respondent, you do not use APP-006; you may instead file APP-007, the Respondent’s Notice Designating Record on Appeal, to add items the appellant left out. Both parties can designate, and both designations get combined by the clerk.
The deadline is 10 calendar days from the filing of the Notice of Appeal under Rule 8.121(a). The consequence of late filing is steep: the clerk can refuse the form, and you may be forced into a default record that does not contain the documents your appeal depends on. A real-world example: if Maria files her Notice of Appeal on June 1, 2026, her APP-006 must reach the clerk by June 11, 2026, even if June 11 is a Thursday she had blocked off for vacation. A common misconception is that weekends extend the deadline automatically; under Code of Civil Procedure section 12a, only deadlines that fall on a court holiday roll forward.
Why the Record Matters So Much
The Court of Appeal reviews only what is in the record. Justices do not pull files, they do not call the trial court, and they do not assume facts you did not preserve. The California Supreme Court has long held in cases such as Denham v. Superior Court (1970) 2 Cal.3d 557 that an inadequate record means affirmance of the lower court’s order.
The plain-English version is this: if a document is not in the record, it does not exist for the appeal. The consequence is that even a winning argument loses if the supporting paperwork is missing. A real-world example: David appeals a $400,000 judgment but forgets to designate the trial exhibits showing the contract terms, and the Court of Appeal affirms because it cannot review what it cannot see. A common misconception is that the justices have access to the full superior court file by default, but they only see what APP-006 tells the clerk to send.
Step-by-Step: Filling Out Form APP-006
The form is four pages long and broken into numbered items. Use the latest revision dated January 1, 2017, available on the Judicial Council forms page. Type your entries when possible because handwritten forms get rejected more often by busy clerks.
Caption and Case Information
At the top, you fill in your name, address, telephone, email, and State Bar number if you are an attorney. The plain-English meaning is the standard caption block on every California court form. The consequence of leaving the email blank is that you may miss electronic notices under Code of Civil Procedure section 1010.6.
A real-world example: Priya, representing herself, lists her old email by mistake, misses the clerk’s notice that her deposit was short, and her appeal stalls for two months. A common misconception is that the form’s caption is the same as the trial court caption — it usually is, but the case number on appeal often gets a new docket once the Court of Appeal opens the case, so use the superior court case number on APP-006.
Item 1: Notice of Designation
Item 1 is the formal statement that you are designating the record. You check the box and identify yourself as the appellant. The plain-English meaning is “I am telling the clerk what to send up.” The consequence of skipping the box is a rejected filing.
A real-world example: Marcus checks every box on page 2 but forgets the threshold checkbox in Item 1, and the clerk returns the form for correction, costing him 5 days. A common misconception is that filling in later items implicitly designates — it does not; the form requires the express checkmark at the top.
Item 2: Record of Written Documents (Clerk’s Transcript vs. Appendix)
Item 2 is the heart of the form. You choose between a clerk’s transcript under Rule 8.122 and an appendix under Rule 8.124. You may also elect the original superior court file in counties that allow it, but most do not.
Option A: Clerk’s Transcript
If you choose the clerk’s transcript, the superior court clerk physically copies and binds the documents you list. The plain-English meaning is “the clerk does the work, you pay the per-page fee.” The consequence is delay — clerk’s transcripts often take 30 to 90 days — and a per-page copy charge that can run $0.50 to $1.00 per page under Government Code section 70627.
You must list each document by title and filing date. A real-world example: Sofia designates the Complaint filed January 4, 2025, the Answer filed February 10, 2025, the Motion for Summary Judgment filed June 1, 2025, and the Order Granting Summary Judgment filed September 15, 2025. A common misconception is that “all documents in the file” is acceptable shorthand — it is not, and the clerk will reject vague designations under Rule 8.122(b)(1).
Option B: Appendix
If you choose the appendix, you assemble and serve the documents yourself, and you file them with your opening brief. The plain-English meaning is “you do the work, you save money and time.” The consequence is more labor for the appellant, but appendices typically cut 45+ days off the appeal timeline.
A real-world example: James, an attorney handling a contract appeal, elects the appendix to keep his client’s appeal moving for trial-court enforcement reasons, and his record is complete in 21 days. A common misconception is that the appendix lets you smuggle in new evidence — it does not; under Rule 8.124(g), filing an appendix concedes the documents are part of the record but bars new material that was not before the trial court.
Option C: Original Superior Court File
A handful of counties permit the original file to be transmitted under Rule 8.128. The plain-English meaning is “send the actual file, no copies.” The consequence is that the trial court is left without its file during the appeal, which is why most local rules forbid it.
A real-world example: in a small county like Alpine, an appellant might use the original file because the clerk lacks the staff to copy a 4,000-page record. A common misconception is that this option is faster everywhere — it is not, and most metropolitan counties such as Los Angeles, Orange, and San Francisco prohibit it under their local rules.
Item 3: Reporter’s Transcript
Item 3 is where you designate the reporter’s transcript under Rule 8.130. You list each hearing or trial date for which you want a transcript, the name of the court reporter if known, and whether you want all or only part of the proceedings.
The plain-English meaning is “tell the appellate court what was said out loud in the courtroom.” The consequence of omitting a key hearing is that any oral argument, ruling, or testimony from that day is invisible to the appellate justices, and you cannot challenge what they cannot see under Foust.
A real-world example: Jamal appeals a bench-trial verdict but designates only the trial dates and forgets the motion in limine hearing where the judge excluded his expert; the Court of Appeal cannot review the exclusion ruling. A common misconception is that ex parte hearings are unimportant — they often contain dispositive rulings and should be designated whenever they touch the issues on appeal.
Estimating Reporter’s Fees
Reporters charge for transcript preparation under Government Code section 69950, currently $0.85 per 100 words for an original. The plain-English meaning is that a full trial day can cost $800 to $1,500 in transcript fees alone. The consequence of underestimating is that the reporter stops work when the deposit is exhausted, delaying the entire appeal.
A real-world example: Lin estimates a 3-day trial at $1,200, but the actual cost is $3,300, and she must scramble to wire additional funds within 10 days under Rule 8.130(b)(3). A common misconception is that the reporter must wait — under the rule, the reporter can refuse to begin until the deposit clears.
Item 4: Agreed or Settled Statement
Items 4 and 5 cover an agreed statement under Rule 8.134 or a settled statement under Rule 8.137. These are alternatives to a reporter’s transcript, used when no reporter was present or transcripts are too costly.
The plain-English meaning is that the parties — or the trial judge — write a narrative summary of what happened. The consequence of using a settled statement is that the trial judge controls the final wording, which can hurt an appellant whose argument depends on disputed witness credibility.
A real-world example: Gabriela’s small-claims-style unlimited civil case had no court reporter, so she files a proposed settled statement (Form APP-013) along with APP-006, designating the relevant hearings. A common misconception is that settled statements are second-class records — they are fully usable, and Western States Construction v. Michoff (1996) confirmed they support the same scope of review.
Items 6–8: Deposits, Signature, and Proof of Service
Item 6 deals with deposit certifications. Item 7 is your signature and date. Item 8 is the Proof of Service, usually POS-040, which you must attach.
The plain-English meaning is that you swear under penalty of perjury that you served the form on every other party. The consequence of a missing or defective proof of service is rejection under Rule 8.25. A real-world example: Anthony emails his form to opposing counsel but forgets to fill in the POS-040, and the clerk bounces the filing back. A common misconception is that e-filing eliminates the proof of service — it does not; the e-filing system generates a separate confirmation, but you still complete the POS-040 attachment.
Three Real-World Scenarios
Below are three of the most common APP-006 scenarios appellate clerks see. Each shows how a single decision drives a downstream outcome.
Scenario 1: Contract Dispute With Heavy Documentary Record
| Filing Choice | Resulting Outcome |
|---|---|
| Appellant elects clerk’s transcript with 4,200 pages of exhibits | Record assembly takes 88 days; copy fees exceed $3,800 |
| Appellant elects appendix and self-assembles 4,200 pages | Record ready in 24 days; cost limited to printing and binding |
| Appellant designates only “key” exhibits without listing them | Clerk rejects designation; 10-day re-filing forced |
Scenario 2: Personal Injury Verdict Appeal With Live Testimony
| Filing Choice | Resulting Outcome |
|---|---|
| Designate full reporter’s transcript for all 7 trial days | Reporter delivers transcripts in 60 days; deposit ~$8,400 |
| Designate only closing arguments | Court of Appeal cannot review evidentiary rulings; affirmance likely |
| Skip reporter’s transcript and rely on settled statement | Trial judge writes narrative; risk of unfavorable summary on credibility |
Scenario 3: Landlord-Tenant Unlimited Civil Eviction Appeal
| Filing Choice | Resulting Outcome |
|---|---|
| Appellant files APP-006 and an APP-015 fee waiver | Filing fees and deposits waived; appeal proceeds on time |
| Appellant skips fee waiver and cannot pay deposit | Reporter declines work; appeal dismissed under Rule 8.140 |
| Appellant designates clerk’s transcript but no reporter’s transcript | Trial testimony unavailable; eviction ruling stands |
Mistakes to Avoid When Filing APP-006
Avoiding these errors keeps your appeal alive. Each mistake below carries a specific, documented consequence under the California Rules of Court.
- Missing the 10-day deadline. The negative outcome is a default record under Rule 8.121(a) that may exclude critical documents.
- Vague document designations. The negative outcome is clerk rejection under Rule 8.122(b)(1), wasting filing days.
- Forgetting the reporter’s transcript deposit. The negative outcome is reporter refusal to start work, which can stall the appeal indefinitely under Rule 8.130(b).
- Using the wrong form for case type. The negative outcome is rejection if you use APP-006 for a limited civil case where APP-103 is required.
- Failing to designate trial exhibits. The negative outcome is that the Court of Appeal cannot review evidence under Foust, leading to affirmance.
- Skipping the proof of service. The negative outcome is rejection under Rule 8.25 and a forced re-filing.
- Choosing the wrong record type for strategy. The negative outcome is months of unnecessary delay or thousands in unnecessary copy fees.
- Forgetting to attach an APP-015 fee waiver when eligible. The negative outcome is dismissal for nonpayment under Rule 8.140.
- Listing only partial hearing dates. The negative outcome is invisible rulings the Court of Appeal cannot review.
Do’s and Don’ts of California Form APP-006
Each item explains the why so you can apply the principle to edge cases the form does not anticipate.
Do’s
- Do type the form whenever possible, because clerks reject illegible handwriting under Rule 2.111.
- Do list each document with its filing date, because the clerk uses the date to locate it in the case management system.
- Do deposit reporter’s fees within 10 days, because Rule 8.130(b)(1) makes the deposit a precondition to record preparation.
- Do calendar the filing date carefully, because the 10-day window does not extend for weekends unless the deadline lands on a court holiday under CCP 12a.
- Do serve every party, because incomplete service triggers the rejection rule in Rule 8.25.
- Do consider the appendix option, because it can save weeks and is encouraged by many appellate panels under Rule 8.124.
Don’ts
- Don’t lump exhibits together as “all trial exhibits”, because Rule 8.122 requires specificity.
- Don’t assume the reporter has your contact info, because reporters bill the appellant directly and need accurate addresses.
- Don’t skip hearings that produced rulings, because the appellate court will not infer what was said.
- Don’t mix limited and unlimited civil designations, because the forms and rules diverge sharply.
- Don’t forget to keep a stamped copy, because you may need to prove timely filing if the clerk loses the original.
- Don’t rely on the clerk to fix mistakes, because clerks reject — they do not amend — under Rule 8.25.
Pros and Cons of the Two Main Record Options
Choosing between a clerk’s transcript and an appendix is the single biggest strategic call on APP-006. Each route has trade-offs.
Pros of Clerk’s Transcript
- Authenticated by the clerk, which removes any dispute about authenticity under Evidence Code 1530.
- No assembly burden on the appellant, useful for self-represented parties.
- Default option that most appellate justices are used to reviewing.
- Easier when records are sealed, because the clerk handles confidentiality.
- Better for very small records, where the per-page fees stay modest.
Cons of Clerk’s Transcript
- Slow, often 60 to 90 days, due to clerk workload backlogs.
- Expensive for large records, with copy fees that can exceed $5,000.
- Less control, because the clerk’s pagination and indexing may not match your brief’s citations.
- Deposit-driven, with up-front payment required under Rule 8.122(c).
- Risk of clerk error, especially in large counties handling thousands of appeals.
Pros of Appendix
- Fast, often ready within 30 days of the brief deadline.
- Cheaper, because you pay only for printing and binding.
- Better pagination control, letting you cross-reference the brief precisely.
- Encouraged by many appellate divisions, including the Second District.
- No deposit required beyond the filing fee.
Cons of Appendix
- Labor-intensive, requiring hours of compilation and indexing.
- Risk of omission, because there is no clerk safety net.
- Authentication challenges if the respondent disputes a document.
- Harder for sealed records, which require special handling under Rule 8.46.
- Requires confidence in the rules, which is hard for first-time pro per appellants.
Key Entities You Should Know
Several institutions, statutes, and people interact every time APP-006 is filed. Understanding the cast helps you anticipate problems.
The Judicial Council of California drafts the form and the Rules of Court. The superior court clerk physically prepares the clerk’s transcript. The Court of Appeal reviews the record and decides the appeal. The court reporter prepares oral transcripts under Government Code 69950. The California Supreme Court sets binding precedent like Denham.
The relationships matter. The Judicial Council writes the rules, the clerk applies them, the reporter implements them for oral testimony, and the Court of Appeal enforces them through opinions. Cases like Ballard v. Uribe (1986) 41 Cal.3d 564 reinforce that an appellant’s failure to provide an adequate record results in affirmance, and that consequence flows from the entire chain working as designed.
Federal Backdrop and California Specifics
Federal civil appeals use Federal Rule of Appellate Procedure 10, which serves a similar purpose but uses different mechanics. The federal designation is filed within 14 days under FRAP 10(b) and is sent to the district court clerk, who routes it to the U.S. Court of Appeals.
California’s APP-006 is more granular than the federal version because it splits documentary records from oral records and offers the appendix option. The plain-English meaning is that California gives appellants more strategic levers but also more chances to slip up. The consequence is that practitioners moving between the two systems must reset their timing assumptions.
A real-world example: Elena, an attorney barred in both California and the Ninth Circuit, files her California APP-006 on day 13 thinking she still has the federal 14-day window — she is 3 days late. A common misconception is that federal and state appellate timing are interchangeable; they are not, and California’s 10-day window under Rule 8.121 is among the tightest in the country.
Recap of Relevant Court Rulings
A handful of California appellate decisions shape how APP-006 is interpreted. Foust v. San Jose Construction Co. (2011) confirmed that an inadequate record requires affirmance, even where the appellant identifies a plausible legal error. Denham v. Superior Court (1970) established the “presumption of correctness” that flows from a thin record. Ballard v. Uribe (1986) reinforced that the appellant carries the burden of designating enough material for review.
The plain-English meaning of these cases is unified: the appellant must build the record, and ambiguity benefits the respondent. The consequence of ignoring this rule is summary affirmance without the Court of Appeal ever reaching the merits. A real-world example: Henry’s appeal of a $1.2 million judgment was affirmed in 2024 because his APP-006 omitted the trial transcripts, even though his briefs identified a likely instructional error. A common misconception is that the appellate court will “find” the missing material — it will not, under any of the cases above.
Filing Logistics, Fees, and E-Filing
Most California superior courts require electronic filing of appellate forms under Rule 2.253. The TrueFiling and File & ServeXpress systems handle the bulk of submissions.
The plain-English meaning is that you upload a PDF of APP-006 and the proof of service through the court’s portal, pay any required fee, and receive a confirmation. The consequence of failing to use the right portal is rejection under local rules. A real-world example: Naomi files APP-006 by mail in Los Angeles County, but Local Rule 3.4 mandates e-filing for represented parties; her filing is rejected and the deadline expires. A common misconception is that mail filing is always backup-safe; it is not in counties that have moved fully to e-filing.
Filing fees for APP-006 itself are usually $0 because the fee was paid with the Notice of Appeal under Government Code 68926. The deposits — clerk’s transcript copy fees and reporter’s transcript estimates — are paid separately. Fee waivers are available through Form APP-015 for appellants who qualify financially under Government Code 68632.
FAQs
Is California Form APP-006 mandatory in every unlimited civil appeal?
Yes. Every appellant in an unlimited civil case must file APP-006 within 10 days of the Notice of Appeal under Rule 8.121, or accept the default record consequences.
Can I e-file Form APP-006?
Yes. Most California superior courts now require e-filing under Rule 2.253, and platforms like TrueFiling handle the submission and proof of service automatically.
Do I need a lawyer to file APP-006?
No. Self-represented parties can file APP-006 using the self-help resources on the California Courts website, although the strategic choices are complex and a lawyer often pays for itself.
Is the 10-day deadline ever extended?
No. The 10-day window in Rule 8.121 is strict, although the deadline rolls to the next court day if it lands on a holiday under CCP 12a.
Can I change my designation after filing APP-006?
Yes. Either party may file an amended designation before the record is certified, and respondents may add items via APP-007 within 10 days of the appellant’s filing.
Is the clerk’s transcript always more authoritative than an appendix?
No. Both have equal evidentiary weight under Rule 8.124(g), although the clerk’s transcript carries the clerk’s authentication, which can be useful when authenticity is contested.
Do I need to deposit money with the court reporter directly?
Yes. Reporter deposits are paid to the reporter, not the clerk, under Rule 8.130(b), and the reporter will refuse to start work without the deposit.
Can I use APP-006 in a family law appeal?
No. Family law appeals use the same form only if the matter is treated as unlimited civil; many family law cases follow specialized procedures under Rule 8.200 et seq..
Is a fee waiver available for record costs?
Yes. Eligible appellants may file Form APP-015 under Government Code 68632 to waive clerk’s transcript fees and reporter’s transcript deposits.
Does the Court of Appeal review documents that are not in the record?
No. Under Foust and Denham, anything not in the designated record is invisible to the appellate justices and cannot support reversal.
Can I designate trial exhibits that were not formally admitted?
No. Only admitted exhibits are part of the record; rejected exhibits stay in the trial court file and are not transmitted unless designated through a settled statement under Rule 8.137.
Is APP-006 different from a Notice of Appeal?
Yes. The Notice of Appeal (APP-002) starts the appeal, while APP-006 designates what records the Court of Appeal will see; missing either one is fatal to the case.
Related reading
- How to Fill Out California Form APP-002 (w/Examples) + FAQs
- How to Fill Out California Form APP-003 (w/Examples) + FAQs
- How to Fill Out California Form APP-004 (w/Examples) + FAQs
- How to Fill Out California Form APP-005 (w/Examples) + FAQs
- How to Fill Out California Form APP-008 (w/Examples) + FAQs
- How to Fill Out California Form APP-009 (w/Examples) + FAQs
- How to Fill Out California Form CIV-010 (w/Examples) + FAQs